Common Types of Medical Malpractice in South Carolina

Surgical mistakes may be among the most recognizable examples of malpractice, but diagnostic errors are also a major source of patient harm. A Johns Hopkins study reviewing 25 years of U.S. malpractice payouts found that diagnostic errors accounted for the largest share of paid claims and the highest total payments during the period studied.

Medical malpractice in South Carolina can take several forms, including diagnostic, surgical, medication, anesthesia, and birth-related errors. However, a medical error or poor outcome does not automatically establish malpractice. The circumstances surrounding the care, the applicable standard of care, and whether the provider’s actions caused harm all affect a potential claim.

Misdiagnosis and Delayed Diagnosis

A medical malpractice claim involving diagnosis may arise when a provider fails to identify a condition, diagnoses the wrong condition, or reaches the correct diagnosis after a harmful delay. The key issue is not simply that the original diagnosis was wrong. The question is whether the provider’s diagnostic care fell below the applicable standard and caused additional harm.

Diagnostic errors can be particularly serious when timely treatment affects a patient’s prognosis. Johns Hopkins researchers identify three major categories—vascular events, infections, and cancers—as responsible for approximately 75% of serious harms associated with diagnostic errors. Stroke, sepsis, and lung cancer are among the individual conditions associated with the greatest number of serious diagnostic harms.

For example, failing to recognize signs of a stroke or sepsis may delay time-sensitive treatment. A delayed cancer diagnosis may allow a disease to progress before treatment begins. These outcomes do not establish malpractice on their own, but they may warrant closer review when earlier diagnosis and treatment could have changed the patient’s outcome.

Surgical Errors That May Constitute Medical Malpractice

Not every surgical complication is medical malpractice. Some complications can occur even when a surgical team follows the appropriate standard of care. However, certain errors are considered serious, preventable patient-safety events.

The Joint Commission classifies wrong-site, wrong-patient, and wrong-procedure surgery as sentinel events. The unintended retention of a surgical or medical item after a procedure also falls within its sentinel-event criteria. Examples of surgical errors that may support a malpractice claim include:

• Wrong-site, wrong-procedure, or wrong-patient surgery
• Sponges, instruments, or other medical items unintentionally left inside a patient
• Nerve or organ damage caused by a preventable surgical error
• Surgery performed without appropriate informed consent

Safety procedures exist specifically to reduce preventable surgical mistakes. The Joint Commission’s Universal Protocol requires a final time-out immediately before an incision or invasive procedure begins. The surgical team confirms the correct patient, procedure, and site and resolves concerns before proceeding.

A failure to follow established safety protocols is one commonly identified cause of wrong-site surgery. In a malpractice claim, medical records and surgical documentation can help determine whether required precautions were followed and whether a preventable error caused the patient’s injury.

Medication Errors in Hospitals and Pharmacies

Medication errors can occur at several points in a patient’s care. A doctor may prescribe the wrong medication or dosage. A pharmacy may dispense the wrong drug, or a medication may be administered incorrectly in a hospital or other healthcare setting.

Potential medication errors include:

• Prescribing or administering the wrong medication
• Giving an incorrect dose
• Failing to consider a documented allergy
• Overlooking a dangerous drug interaction
• Failing to accurately reconcile medications during a transition in care

Older adults and patients taking multiple medications can face greater risks of adverse drug events. Multiple prescriptions can make medication management more complex, particularly when several providers are involved in a patient’s care. AHRQ identifies polypharmacy as a significant risk factor and notes that older adults are particularly vulnerable to adverse drug events.

Transitions between care settings can create additional opportunities for medication discrepancies. When a patient is admitted, transferred between hospital units, or discharged, providers need an accurate medication history. Missing medications, duplicate therapies, or incorrect dosages can otherwise carry into the patient’s next stage of care.

As with other medical errors, a medication mistake does not automatically establish malpractice. A claim generally requires evidence that the provider’s care fell below the applicable standard and that the medication error caused harm.

Anesthesia Errors and Inadequate Monitoring

Anesthesia requires careful planning, dosing, and monitoring before and during a procedure. Potential anesthesia errors may include:

• Administering an incorrect dose of anesthesia
• Failing to consider a patient’s medical history, medications, or known allergies
• Inadequately monitoring oxygenation, ventilation, circulation, or other vital signs
• Failing to respond appropriately to significant changes in the patient’s condition
• Making preventable errors during anesthesia administration or recovery

The anesthesia record can be important when evaluating what happened during a procedure. It typically documents medications, vital signs, and other information about the patient’s condition over time. Medical experts may review these records to determine whether appropriate monitoring occurred and how the medical team responded to changes.

An anesthesia complication does not automatically indicate malpractice. A claim depends on whether the provider fell below the applicable standard of care and whether that failure caused the patient’s injury.

When Can a Birth Injury Involve Medical Malpractice?

Birth injury claims can involve decisions made throughout pregnancy, labor, delivery, and immediate newborn care. Potential issues may include failing to respond appropriately to signs of fetal distress, improper use of forceps or vacuum extractors, or an unreasonable delay in performing a medically necessary cesarean delivery.

These cases often require close review of fetal monitoring records, labor and delivery notes, medication records, imaging, and other medical evidence. The timing of events can be especially important when determining whether a provider’s actions contributed to an infant’s injury.

Some birth injuries can result in substantial ongoing medical, therapeutic, or developmental needs. In other cases, the nature or extent of an injury may become clearer as the child develops. Families dealing with a birth injury may therefore need to consider both what occurred during labor or delivery and how the injury could affect the child’s future needs.

As with other forms of medical malpractice, an injury during childbirth does not automatically establish negligence. A claim requires evaluating whether the care fell below the applicable standard and whether that failure caused the injury.

What Separates Malpractice from an Unfortunate Outcome

A poor medical outcome does not automatically mean malpractice occurred. Under South Carolina law, a medical malpractice claim generally requires evidence of the applicable standard of care, a breach of that standard, and an injury caused by the breach. South Carolina law defines the standard in terms of what reasonably prudent healthcare providers would do under similar circumstances.

Some procedures carry known risks even when performed appropriately. A patient can also experience a complication despite receiving care that meets accepted medical standards. The focus of a malpractice claim is therefore on how the provider acted and whether those actions caused harm, rather than the outcome alone.

Medical records, treatment timelines, and expert review can help determine whether the care provided met the applicable standard.

When a Medical Outcome Deserves a Closer Look

After an unexpected injury or complication, determining what happened may require reviewing more than the final outcome. Questions that can help identify whether further investigation is appropriate include:

• Was a diagnosis missed or unreasonably delayed?
• Did the provider follow appropriate safety procedures?
• Was medication prescribed, dispensed, or administered correctly?
• Was the patient appropriately monitored during anesthesia?
• Were signs of complications or fetal distress addressed appropriately?
• Did a provider’s actions or omissions contribute to additional harm?

Misdiagnosis, surgical errors, medication mistakes, anesthesia errors, and birth injuries involve different medical evidence and standards. Identifying what happened can help determine whether the outcome reflects a recognized complication or possible medical negligence.

Anyone with questions about a possible medical malpractice claim in South Carolina can schedule a consultation with a personal injury lawyer at Hite Law Firm to review the circumstances and available next steps.

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If a medical error caused serious harm, Hite Law Firm can review the circumstances and help determine whether you may have a malpractice claim.

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